Evaluation on the Legality of Smart Technology Tracking to Prevent the Spread of Covid-19

Abstract

This paper aims to evaluate smart technology monitoring measures adopted by governments in response to the Covid-19 epidemic from a legal aspect. Internationally, preemptive measures during an epidemic are generally based on monitoring means. These may include behavioral patterns in electronic fences such as isolation and quarantine, big data epidemic investigation, epidemic prevention tracking technology and contact tracing applications. This type of data surveillance outlines a three-pointed, linear pattern of “digital footprint-profiling-surveillance”, and an evaluation of its legitimacy triggers the question of whether public power measures are able to balance collective security against information privacy during a state of emergency. The study addresses three major aspects designed for the discourse: (1) the use of smart technology for epidemic monitoring and prevention, (2) the legal constraints of smart technology in epidemic prevention, and (3) balancing the use of smart technology in epidemic prevention with the right to personal data protection. This paper selects South Korea, Taiwan and Norway for case study, as representative of strict controls, moderate controls, and absence of controls respectively. By drawing upon experience from other legal systems in a comparative analysis, the author hopes to show that controlling the spread of a virus and personal data protection are not a zero-sum dilemma. Finally, ideas for a mechanism to oversee and evaluate the use of smart technology in COVID-19 prevention and elimination will be presented.

Keywords: smart technology tracking, digital footprint-profiling-surveillance, contact tracing applications, personal data protection, epidemic monitoring and prevention